62.Schools maintained by local authorities (other than maintained nursery schools) are divided into the different categories set out in section 20 of the 1998 Act. Sections 45 to 47 (based on section 35 of, and Schedule 7 to, the 1998 Act) detail who may make proposals to change a school’s category; the grid below summarises this (VA means voluntary aided, VC means voluntary controlled and GB means governing body).

Category of school

Can become

Proposer

Community school

VA or VC

GB

VA school

Community or VC

GB

VC

Community or VA

GB

Foundation

Community, VA or VC

GB

63.No school may change category to become a foundation or foundation special school. No foundation or voluntary school with a religious character may change category to become a community school.

64.In order to become a VA school a GB must satisfy the Welsh Ministers that they are able to satisfy its funding obligations for a period of at least five years after the change of category takes place (section 46).

65.A change of category does not authorise a change in a school’s religious character, or authorise it to establish, join or leave a foundation body (as defined in section 21 of the 1998 Act).

66.If a school is to become a community school, transfer agreements detailed in Schedule 4 must be made.

Print The Whole Division

Print The Whole Part

Print This Section only

Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the National Assembly for Wales.

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

the original print PDF of the as enacted version that was used for the print copy